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All Journal Islam Universalia : International Journal of Islamic Studies and Social Sciences
Khairun Nisaa binti Ahmad Rizal, Nur
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Religion Humanities Languange, Linguistic, Communication & Media Social Sciences Other

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Judicial Management of Apostasy Cases in Malaysia and The Constitutional Right to Freedom of Religion Khairun Nisaa binti Ahmad Rizal, Nur; Luthfi bin Mohammad Masruh, Muhammad
Islam Universalia: International Journal of Islamic Studies and Social Sciences Vol 8 No 1 (2026): Islam Universalia
Publisher : Cyber Media Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56613/islam-universalia.v8i1.379

Abstract

The handling of apostasy cases within Malaysia's Islamic judicial institutions is an issue that requires detailed and sustained scholarly attention. This study first examines the causes of apostasy in Malaysia, including confusion in religious understanding, cultural and social influence, and individual factors. It then assesses the challenges confronting the Malaysian Islamic judicial institutions in managing apostasy cases, particularly the difficulty of establishing evidentiary proof and the inconsistency of laws and punishments across states. Finally, the study proposes an approach to strengthen the handling of apostasy cases through closer cooperation between the judiciary and religious authorities. Employing a doctrinal legal research design, the study presents documented court cases and a comparative overview of state-level Syariah enactments to substantiate its analysis of jurisdictional practice, before turning to a discussion of the underlying causes, constitutional tensions, and possible reforms. The findings show that apostasy applications are frequently entangled between the Civil Courts and the Syariah Courts, that punishment for apostasy varies markedly from one state to another, and that this inconsistency undermines both legal certainty and the constitutional right to freedom of religion under Article 11 of the Federal Constitution. The study concludes that close cooperation between judicial institutions, religious authorities, and the community is required to arrive at a fair and effective resolution to the growing number of apostasy cases.
Co-Authors Luthfi bin Mohammad Masruh, Muhammad